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momothree

paternity/custody

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 currently just recieved documents saying my ex is wanting to flip custody. we were married from 2003, separated in 2010, divorced in 2012. There is a chance that my daughter is not his biological father. If I bring this up and get a paternity test is there a way to gain sole custody of her.

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On what grounds is your ex seeking to "flip custody"?

 

I almost never say never, but frankly, I doubt it.  You don't say how old your daughter is, or whether she was born in wedlock, but after six years of joint custody it's way too late to contest the paternity of your child.  At this late date, DNA is not going to be a factor.  A local family law attorney can tell you how Illinois laws apply to your particular circumstances, and how best to counter your ex's attempt to modify your current custody order.

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On 3/30/2018 at 1:46 AM, momothree said:

There is a chance that my daughter is not his biological father.

 

I sure as heck hope this is true!

 

 

On 3/30/2018 at 1:46 AM, momothree said:

If I bring this up and get a paternity test is there a way to gain sole custody of her.

 

I assume that you intended to say that there is a chance your daughter is not your ex-husband's biological child.  Whether that's relevant at this point depends on when the child was born and what your divorce decree says about the child.

 

When a child is born to a married woman who is cohabiting with her husband, the woman's husband is legally presumed to be the child's father.  That presumption may be disputed by bringing a legal action to contest paternity, but that typically has to be done within a few years after the child is born.  In your case, if your child was born after you were married in 2003, then the child likely was dealt with in your divorce decree as a child of the marriage.  While I don't know the specifics of Illinois law on this issue, given the dates mentioned in your post, I think it is a virtual certainty that your child's paternity is no longer something that be legally challenged.

 

Please let us know when your child was born and whether your divorce decree treats the child as a child of the marriage.

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